St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-10-29
desks. Gen. Butler said: 'sThere is no do ubt
that the prisoners were entitled to trial

thdt prlSOnerS were eulltltu W IIlui
BY AN IMPARTIAL JURY
"a stupid jury if you please-because don't
think man who reads newspapers is any
the more competent to try case-rather
AS enunciated by chief justices of the su-
preme court, an impartial juror. he said, was
one who Stands in freedom of mind with
out bias or prejudice and is Indifferent" The
petitioners were not tried by such jury, and
are entitled to protection under the federal
constitution. III, - he said, 1.-THE court is to
give me jurors as prejudiced as some of
those in this case, had better go to u land of
,Hottentots, for they would not allow me to be
stolen and taken back to Illinois" Gen:
Buffers allusion was to the kidnapping of
ker, referred to by counsel on the other side
IN defending their search and seizure). In
record would show that the defense were
more ready to take the last juror,
Sanford, than the state was, Gen. Butler
said they were compelled to accept the last
exhausted and they could do nothing else.
Under these circumstances they talked to
him and cOaXed him and tried to get him
into a state of mind as favorable to their side
as they could. That was what the parts OF
the record referred to by Mr.. Grinnell would
show and nothing more. Gen. Butler then
referred to the assertion of counsel on the
other side that petitioners had waived some
of their rights through not insisting upon
them by exception or objection at the proper
time, and that therefore they were estopped
from asserting those rights now in this court.
He cOntended, however, that when a man
was on trial for his life there was no such
thing as waiver or an estoppal. In capital
offenses prisoner cannot waive Willingly
or unwittingly anything that will affect the
issue. In support OF this contention he cited
he opinion of Chief Justice Shaw in the case
of DR.. Webster. The prisoners, he main
tained, could not now be barred out because
they had not raised sufficiently formal OBJ
lections. Gen. Butler then returned again
tot f11n u Ilnc ,hac
complained of by the petitioners, and said
his associate, Mr.. Tucker, had characterized
the proceedings as subpoena duces tecum"
executed by a locksmith. 'Why, your hon.
ors,'' he exclaimed, ''they
SEARCHED UNDER A BURGLARY
headed by the states attorney, on his own ad-
mission-no miserable policeman or half
witted constable, but the states prosecuting
and says you can't help that. He puts it with
sort of triumph, and yet we are
told that our immunities and privi-
leges are not invaded, and our rem
edy is to sue for trespass. What a
beautiful remedy. Sue the states attorney
and be tried by such jury as the laws of Hill
nois would give. Better be in place not to
be named for comfort AS a final reason
urged that the prisoners had been sentenced
to death in their absence and without being
asked whether they had any reason to give
why sentence of death should not be pro-
did not show that they were absent when
sentenced, but they could prove it. The
record showed that they were present, but
they could prove by half Chicago that this
was mistake In conclusion, Gen. Butler
said: MAY 1, in closing, make one observa-
ton. If mems lives can be taken in the way
you have seen exhibited here to-day, better
anarchy-better be without law-than with
any such law
Gen. Butler thanked the court for its
Indulgence and took his seat. The chief
Justice called the next case on the
docket, the clerk answered Ready"
and the hearing of the motion of the
anarchists for writ of error was over.
1t seems to be the general impression
among those who have paid closest at
.tentiOn to the proceedings in this case,
that counsel for the state had altogether
the best of the argument in this court,
and that the WRIT of error will not be
granted.